Political Law: 1987 Philippine Constitution  All that has been delegated to the

Topic: Declaration of Principles and State Policies Commission, therefore, is the administrative
function, involving the use discretion, to carry
Pangasinan Transportation Co. v Public Service out the will of the National Assembly having
Commission in view, in addition, the promotion of "public
G.R. No. 47065, June 26, 1940 interests in a proper and suitable manner.".
Ponente: Justice Laurel Therefore, the Court, speaking thru Justice Laurel
held that the legislative power of PSC constitutes a
Facts: valid delegation of powers.

 The petitioner has been engaged for the past

twenty years in the business of transporting
passengers by means of motor vehicles
commonly known as TPU buses, in
accordance with the terms and conditions of
the certificates of public convenience issued
in its favor by the former Public Utility
Commission.
 In 1939, the petitioner filed with the Public
Service Commission (PSC) an application
for authorization to operate 10 additional
buses which was granted but subject to 2
conditions that would also apply to their
existing certifications.
 Petitioner did not agree, hence, filed a
motion for reconsideration but was denied by
the PSC.
Hence, this Petition.
Issue:
Whether or not the legislative power of PSC
constitutes undue delegation of powers
Ruling/s:

 NO.
 The theory of the separation of powers is
designed by its originators to secure action
and to forestall overaction which necessarily
results from undue concentration of powers,
and thereby obtain efficiency and prevent
deposition.
 The Latin maxim potestas delegata non
delegari potest (what has been delegated
cannot be delegated) applies to the Principle
of Separation of Powers.
 Due to the increasing complexities of daily
life, the legislative powers have been made
to adapt itself. This is called Subordinate
Legislation.
 Section 8 of Article XIII of the Constitution
provides, among other things, that no
franchise, certificate, or any other form of
authorization for the operation of a public
utility shall be "for a longer period than fifty
years,"